Funke v France [1993]

Customs officers searched and seized papers at F's house in order to obtain particulars of overseas assets held by F and F's wife. Although the seizures did not result in criminal proceedings under financial dealings regulations, they did lead to proceedings for disclosure of documents and for interim orders.

As a consequence of these disclosure proceedings, F was convicted of failing to provide customs authorities with statements of his overseas bank accounts. F alleged that of the European Convention on Human Rights 1950 Art.6(1), Art.6(2) and Art.8 had been violated.

Held, that (1) F's conviction secured by the customs authorities, in order to obtain documents which they believed existed, was an attempt to compel…